This
Terms of Use Agreement sets forth the standards of use of this web
site. By using this web site you (the “Member”) agree to these terms
and conditions. If you do not agree to the terms and conditions of this
agreement, you should immediately cease all usage of this web site.
We reserve the right, at any time, to modify, alter, or update the
terms and conditions of this agreement without prior notice.
Modifications shall become effective immediately upon being
posted at this web site. Your continued use of the Service after
amendments are posted constitutes an acknowledgement and acceptance of
the Agreement and its modifications. Except as provided in this
paragraph, this Agreement may not be amended.
1. Description of Service
Our
web site is providing Member with product and business information.
Member must provide (1) all equipment necessary for their own
Internet connection, including computer and modem and (2) provide for
Member’s access to the Internet, and (3) pay any fees relate with such
connection.
2. Disclaimer of Warranties
The
site is provided by Jeff Long (321Marketing, LLC.) on an “as
is” and on an “as available” basis. To the fullest extent
permitted by applicable law we makes no representations or warranties
of any kind, express or implied, regarding the use or the results of
this web site in terms of its correctness, accuracy, reliability, or
otherwise. We shall have no liability for any interruptions in
the use of this Web site and disclaim all warranties with regard to the
information provided, including the implied warranties of
merchantability and fitness for a particular purpose, and
non-infringement. Some jurisdictions do not allow the exclusion
of implied warranties, therefore the above-referenced exclusion is
inapplicable.
3. Limitation of Liability
Jeff Long (321Marketing, LLC) SHALL NOT be liable for any damages
whatsoever, and in particular shall not be liable for any special,
indirect, consequential, or incidental damages, or damages for lost
profits, loss of revenue, or loss of use, arising out of or related to
this web site or the information contained in it, whether such damages
arise in contract, negligence, tort, under statute, in equity, at law,
or otherwise, even if we have been advised of the possibility of such
damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.
4. Indemnification
Member
agrees to indemnify and hold Jeff Long (321Marketing, LLC),
its parents, subsidiaries, affiliates, officers and employees, harmless
from any claim or demand, including reasonable attorneys’ fees and
costs, made by any third party due to or arising out of Member’s use of
the Service, the violation of this Agreement, or infringement by
Member, or other user of the Service using Member’s computer, of any
intellectual property or any other right of any person or entity.
5. Modifications and Interruption to Service
We
reserve the right to modify or discontinue the Service with or without
notice to the Member. Jeff Long (321Marketing, LLC) shall not
be liable to Member or any third party should we exercise its right to
modify or discontinue the Service. Member acknowledges and accepts that
we do not guarantee continuous, uninterrupted or secure access to our
web site and operation of our web site may be interfered with or
adversely affected by numerous factors or circumstances outside of our
control.
6. Third-Party Sites
Our
web site may include links to other sites on the Internet that are
owned and operated by online merchants and other third parties.
You acknowledge that we are not responsible for the availability of, or
the content located on or through, any third-party site. You
should contact the site administrator or webmaster for those
third-party sites if you have any concerns regarding such links or the
content located on such sites. Your use of those third-party
sites is subject to the terms of use and privacy policies of each site,
and we are not responsible therein. We encourage all Members to review
said privacy policies of third-parties’ sites.
7. Disclaimer Regarding Accuracy of Vendor Information
Product
specifications and other information have either been provided by the
Vendors or collected from publicly available sources. While we
make every effort to ensure that the information on this web site is
accurate, we can make no representations or warranties as to the
accuracy or reliability of any information provided on this web site.
We
make no warranties or representations whatsoever with regard to any
product provided or offered by any Vendor, and you acknowledge that any
reliance on representations and warranties provided by any Vendor shall
be at your own risk.
8. Governing Jurisdiction of the Courts of California
Our
web site is operated and provided in the State of California. As
such, we are subject to the laws of the State of California, and such laws
will govern this Terms of Use, without giving effect to any choice of
law rules. We make no representation that our web site or other
services are appropriate, legal or available for use in other
locations. Accordingly, if you choose to access our site you
agree to do so subject to the internal laws of the State California.
9. Compliance with Laws
Member
assumes all knowledge of applicable law and is responsible for
compliance with any such laws. Member may not use the Service in
any way that violates applicable state, federal, or international laws,
regulations or other government requirements. Member further agrees not
to transmit any material that encourages conduct that could constitute
a criminal offense, give rise to civil liability or otherwise violate
any applicable local, state, national, or international law or
regulation.
10. Copyright and Trademark Information
All
content included or available on this site, including site design,
text, graphics, interfaces, and the selection and arrangements thereof
is ©2009 321Marketing, LLC with all rights reserved, or is
the property of 321Marketing, LLC and/or third parties
protected by intellectual property rights.
Any use of materials on the web site, including reproduction for
purposes other than those noted above, modification, distribution, or
replication, any form of data extraction or data mining, or other
commercial exploitation of any kind, without prior written permission
of an authorized officer of 321Marketing, LLC is
strictly prohibited. Members agree that they will not use any
robot, spider, or other automatic device, or manual process to monitor
or copy our web pages or the content contained therein without prior
written permission of an authorized officer of 321Marketing,
LLC.
321Marketing, LLC (TM) are proprietary marks of
321Marketing, LLC. Our trademarks may not be used in
connection with any product or service that is not provided by us, in
any manner that is likely to cause confusion among customers, or in any
manner that disparages or discredits 321Marketing, LLC.
All other trademarks
displayed on this web site are the trademarks of their respective
owners, and constitute neither an endorsement nor a recommendation of
those Vendors. In addition, such use of trademarks or links to
the web sites of Vendors is not intended to imply, directly or
indirectly, that those Vendors endorse or have any affiliation with 321Marketing, LLC.
11. Notification of Claimed Copyright Infringement
Pursuant
to Section 512(c) of the Copyright Revision Act, as enacted through the
Digital Millennium Copyright Act, 321Marketing, LLC. designates the following individual as its agent for receipt of
notifications of claimed copyright infringement.
Jeff Long, CEO 321Marketing, LLC
By Email: affordablewealth@gmail.com
12. Botnets
321Marketing, LLC retains the right, at our sole
discretion, to terminate any accounts involved with botnets and related
activities. If any hostnames are used as command and control points for
botnets, we reserve the right to direct the involved hostnames to a
honeypot, loopback address, logging facility, or any other destination
at our discretion.
13. Other Terms
If
any provision of this Terms of Use Agreement shall be unlawful, void or
unenforceable for any reason, the other provisions (and any
partially-enforceable provision) shall not be affected thereby and
shall remain valid and enforceable to the maximum possible
extent. You agree that this Terms of Use Agreement and any other
agreements referenced herein may be assigned by 321Marketing, LLC., in our sole discretion, to a third party in the event of
a merger or acquisition. This Terms of Use Agreement shall apply
in addition to, and shall not be superseded by, any other written
agreement between us in relation to your participation as a
Member. Member agrees that by accepting this Terms of Use
Agreement, Member is consenting to the use and disclosure of their
personally identifiable information and other practices described in
our Privacy Policy Statement.
|